The End of “Duration of Status”: How the New F-1 Visa Rules Will Change the Way International Students Maintain Lawful Status
By Ral Obioha, Esq. LLM
Board Certified Specialist – Immigration & Nationality Law
For decades, most F-1 international students were admitted to the United States under a system known as Duration of Status (D/S). Instead of receiving a specific expiration date on their Form I-94, students could generally remain in the country for as long as they maintained valid F-1 status and continued pursuing their academic program.
That is about to change.
Beginning September 15, 2026, the Department of Homeland Security (DHS) will replace the long-standing Duration of Status system with a fixed period of admission. This is one of the most significant changes to F-1 student status in years and will require students to pay much closer attention to their immigration timelines.
What Is Changing?
Under the new rule, F-1 and J-1 students will no longer be admitted for “Duration of Status.”
Instead, they will be admitted until the end date of their academic program or for a maximum of four years, whichever is shorter.
Rather than seeing “D/S” on their Form I-94, students will receive an actual expiration date. That date will become an important immigration deadline and should not be ignored.
What If Your Program Takes Longer Than Four Years?
Many academic programs, including Ph.D. programs, medical training, research programs, and certain professional degrees, frequently require more than four years to complete.
Students who need additional time will no longer be able to rely solely on an updated Form I-20 to remain in lawful status.
Instead, they will generally need to:
- Apply to USCIS for an extension of stay; or
- Leave the United States and seek readmission.
Simply extending your academic program through your school will no longer automatically extend your lawful stay in the United States.
OPT Will Require Additional Planning
Students applying for Optional Practical Training (OPT) or STEM OPT should also expect additional filing requirements if their authorized period of stay does not extend through their requested employment period.
Depending on the expiration date listed on their Form I-94, students may need to file:
- Form I-765 for employment authorization; and
- Form I-539 to request an extension of stay.
Under the new rule, filing an OPT application alone will not automatically protect a student’s underlying F-1 status.
The Grace Period Is Being Shortened
The current 60-day grace period following completion of an academic program will be reduced to 30 days for students admitted under the new fixed-period system.
This shorter grace period gives students less time to:
- Prepare to leave the United States;
- Transfer to another school;
- Begin a new academic program; or
- Pursue another lawful immigration option.
Planning ahead will become even more important.
Current Students Should Be Careful When Traveling
Students who are already in the United States under Duration of Status can still travel internationally.
However, students who return to the United States on or after September 15, 2026, will be readmitted under the new fixed-period system, even if their previous Form I-94 reflected “D/S.”
In other words, your next entry into the United States could create an entirely new immigration timeline.
What This Means for You
Under the Duration of Status system, students generally did not have one clearly defined expiration date governing their stay.
The new rule changes that.
Remaining in the United States beyond the expiration date listed on your Form I-94 without obtaining a timely extension or another lawful status may lead to serious immigration consequences, including:
- Loss of lawful status;
- Accrual of unlawful presence;
- Employment authorization issues; and
- Future visa or green card complications.
What International Students Should Do Now
There is no reason to panic, but there is every reason to plan ahead.
International students should carefully review:
- Their Form I-94;
- Their Form I-20 or DS-2019;
- Their program completion date;
- Their OPT or STEM OPT timeline;
- Any upcoming international travel plans; and
- Potential extension-of-stay deadlines.
Your school’s international student office can assist with your academic records and school-related requirements. However, determining the best immigration strategy under the new rule will require a careful review of your individual timeline and future plans.
Final Thoughts
The transition from Duration of Status to a fixed period of admission represents a significant shift in how F-1 and J-1 students maintain lawful status in the United States.
Whether you are planning to travel, apply for OPT, extend your academic program, or change schools, understanding how these new rules affect your timeline will be critical.
Careful planning now can help you avoid unnecessary immigration complications later.
Speak With an Experienced Immigration Attorney About Your Case
Warmly,
Ral Obioha, Esq. LLM
Board Certified Attorney in Immigration and Nationality Law
Ral Obioha Law, PLLC
Let’s talk. We offer consultations to help you understand your options and take the next steps.
📧 Email Us: hello@ralobiohalaw.com
📞 Call: (713) 234-1100
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This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified immigration attorney regarding your individual circumstances.
